Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd [2012] NSWLEC 207

Land and Environment Court New South Wales

Medium Neutral Citation: Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd [2012] NSWLEC 207 Decision date: 05 September 2012 Jurisdiction: Class 4 Before: Sheahan J Decision: (1)Until further order, the first respondent is restrained from carrying out any development for its Pilot Appraisal Exploration Program beyond completion of the on-ground or above ground component in Phase (1), involving site preparation and drilling compound construction. (2)The hearing of the substantive proceedings is expedited, and the parties are to approach the Registrar forthwith for the allocation of the first available 3 days, commencing on or after 28 September. (3)The applicant is directed to file and serve its Points of Claim by 10 September, its lay affidavits by 13 September, and its expert evidence, and outline of submissions by Monday 17 September. (4)The respondent is directed to file and serve its Points of Defence, any evidence in reply, including its expert evidence, and an outline of submissions, by Friday 21 September. (5)The costs of this interlocutory hearing are reserved. (6)The usual directions required in accordance with the court's Practice Notes for class 4 litigation, except as otherwise covered in these orders, are to apply. (7)The parties are granted liberty to restore on three working days notice. (8)The exhibits are returned. Catchwords: INJUNCTIVE RELIEF: Principles to apply - defences available - balance of convenience - serious question to be tried - undertaking as to damages? - public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Protection and Biodiversity Conservation Act 1999 (Cth) Petroleum (Onshore) Act 1991 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Environmental Planning and Assessment Regulation 2000 Cases Cited: Barrington - Gloucester - Stroud Preservation Alliance Inc V Minister for Planning and Infrastructure [2012] NSWLEC 197 Shoalhaven City Council v Bridgewater Investments Pty Ltd [2010] NSWLEC 103 Tegra (NSW) Pty Ltd v Gundagai Shire Council [2007] NSWLEC 806; (2007) 160 LGERA 1 Category: Interlocutory applications Parties: Fullerton Cove Residents Action Group Incorporated (Applicant) Dart Energy Ltd (First Respondent) New South Wales Department of Trade and Investment, Regional Infrastructure & Services (Second Respondent) Representation: Ms V McWilliam, barrister (Applicant) Mr C Leggat, SC and Ms A Hemmings, barrister (First Respondent) Mr D Anderson, solicitor (Second Respondent) Environmental Defender's Office (Applicant) Corrs Chambers Westgarth (First Respondent) New South Wales Department of Trade and Investment, Regional Infrastructure & Services (Second Respondent) File Number(s): 40866 of 2012